2010-01-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,JANUARY 4,2010 PAGE 725
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, January 4, 2010,
at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,
NC.
Members present were: Chairman Jason R. Thompson; Vice-Chairman Jonathan Barfield, Jr.:
Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Ted Davis, Jr., County Attorney°
Wanda M. Copley, Clerk to the Board Sheila.L. Schuh and County Manager Bruce T. Shell.
Chairman Thompson called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Rickie Houston,Pilgrim Rest Missionary Baptist Church,gave the invocation.
Commissioner Greer led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Thompson asked if any member of the Board would like to remove any item from the Consent
Agenda.
Hearing no comments, Chairman Thompson called for a motion to approve the items on the Consent
Agenda as presented.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the items on the
Consent Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes—Governing Body
The Commissioners approved the minutes from the following meetings as presented by the Clerk to the
Board:
Agenda Review meeting held on December 3, 2009
Regular Session meeting held on December 7,2009
Adoption of State Road Resolution—Governing Body
The Commissioners adopted the North Carolina Department of Transportation State Road Resolution
supporting the addition of Hobart Drive, John Yeaman Road, Miranda Court, and Caesar Court located within the
North Chase Subdivision in New Hanover County to the state system(Division File No. 1149-N).
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
VIII,Page 1.1.
Ratification of Issuance of Special Use Permit(5-13)as Directed by Judge Gary Locklear—Legal Department
The Commissioners, as ordered by Judge Gary Locklear, ratified the issuance of an amendment to Special
Use Permit(5-13).
A copy of the order granting the Special Use Permit is hereby incorporated as part of the minutes and is
contained in SUP Book IV,Page 30 and in Exhibit Book VIII,Page 1.2.
Acceptance of United States Department of Homeland Security Grant Funds, Approval of Memorandum of
Understanding and Adoption of Budget Ordinance Amendment 10-130—Emergency Management
The Commissioners accepted United States Department of Homeland Security Grant funds in the amount
of$20,000, entered into a Memorandum of Understanding with the North Carolina Department of Crime Control
and Public Safety, Division of Emergency Management and North Carolina Urban Search and Rescue Task Force
11 and adopted Budget Ordinance Amendment 10-130. The funds will be used in conjunction with the North
Carolina Urban Search and Rescue Task Force 11 for equipment,training,and exercise activities.
A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained
in Exhibit Book VIII,Page 1.3.
A copy of the memorandum of understanding is available for review in the Legal Department.
Adoption of Resolution Authorizing Electronic Bid Advertisements—Finance Department
The Commissioners, pursuant to North Carolina General Statute 143-129(b), adopted the resolution
authorizing electronic bid advertisements. When bid opportunities arise, County staff will notify all potential
bidders/suppliers of each bid opportunity and work to educate suppliers about the new method of advertising for bid
proposals and the purchase and sale of property.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
VIII,Page 1.4.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,JANUARY 4,2010 PAGE 726
Acceptance of Good Shepherd Fund, Inc. Grant Funds and Adoption of Budget Ordinance Amendment 10-
059—Sheriff's Office
The Commissioners, on behalf of the Sheriff's Office, accepted Good Shepherd Fund, Inc. grant funds in
the amount of$2,000 and adopted Budget Ordinance Amendment 10-059. The funds will be used for the Safe
Summer Program which allows children to participate in activities that reinforce drug abuse prevention,intervention
and education. No local match is required.
A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXXIII,Page 1.5.
Approval of New Hanover County Board of Education Budget Amendment#5—Budget Department
The Commissioners, as requested by the New Hanover County Board of Education, approved Capital
Outlay Budget Amendment #5. The budget amendment shifts funds between New Hanover County Board of
Education Capital Projects and increases the bond funds carried over from FY08-09 to FY09-10 in the amount of
$92.52.
A copy of the New Hanover County Board of Education capital outlay budget amendment is available for
review in the Budget Department.
Adoption of Budget Ordinance Amendment—Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2010:
10-113 - Social Services
10-125 - Social Services
10-127- Social Services
10-128- Social Services
10-110- Sheriffs Office
10-111 - Sheriffs Office
10-131 - Sheriffs Office
2010-35 - Sheriffs Office
2010-36- Sheriffs Office
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXXIII,Page 1.6.
REGULAR ITEMS OF BUSINESS
RECOGNITION AND PRESENTATION OF PLAQUE TO COMMISSIONER TED DAVIS,JR. FOR HIS
SERVICE AS CHAIRMAN OF THE BOARD OF COMMISSIONERS FOR THE PAST YEAR
Chairman Thompson recognized Commissioner Ted Davis, Jr. for his service as Chairman of the Board of
Commissioners for the past year and presented Commissioner Davis a plaque.
The Board recognized the accomplishment of Commissioner Davis and thanked him for his service to New
Hanover County.
APPOINTMENT OF INTERIM NEW HANOVER COUNTY ABC BOARD AND DISCUSSION
Chairman Thompson reported that he has received a letter signed by Charles C. Wells,Richard V. Hanson,
and Stephen E. Culbreth resigning from the New Hanover County ABC Board and read the letter of resignation into
the record.
Commissioner Davis stated that under the circumstances he felt it was appropriate to suspend the public
hearing and he hopes the public will be included in the discussion concerning the composition of the future Board.
Chairman Thompson requested a motion to accept the letter of resignation.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to accept the letter of
resignation from Charles C. Wells, Richard V. Hanson, and Stephen E. Culbreth from the New Hanover County
ABC Board. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Chairman Thompson requested a motion to remove Regular Agenda Item 10 as a Public Hearing.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to remove Regular Agenda
Item 10 as a Public Hearing. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Chairman Thompson requested nominations for an interim New Hanover County ABC Board.
Vice-Chairman Barfield nominated County Manager Bruce Shell, County Attorney Wanda Copley, and
Finance Director Avril Pinder for a period no less than ninety days and not more than 120 days. The nomination
was seconded by Commissioner Davis.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,JANUARY 4,2010 PAGE 727
Hearing no further nominations, Chairman Thompson called for a vote on the nominations.
Vote: The Board voted unanimously to appoint County Manager Bruce Shell, County Attorney Wanda Copley, and
Finance Director Avril Pinder to the interim New Hanover County ABC Board for a period no less than ninety days
and no more than 120 days.
Chairman Thompson requested nominations for Chairman of the interim New Hanover County ABC
Board.
Commissioner Caster nominated County Manager Bruce Shell as Chairman of the interim New Hanover
County ABC Board. The nomination was seconded by Commissioner Davis.
Hearing no further comments, Chairman Thompson called for a vote on the nomination of County Manager
Bruce Shell as Chairman of the interim New Hanover County ABC Board.
Vote: The Board voted unanimously to appoint County Manager Bruce Shell as Chairman of the interim New
Hanover County ABC Board.
Motion: Chairman Thompson MOVED, SECONDED by Commissioner Davis that the interim Board will serve
without compensation. Upon vote,the MOTION CARRIED UNANIMOUSLY.
The Board held a discussion with the consensus requesting the interim Board to make recommendations
concerning policies and procedures within 120 days to the Board of Commissioners.
Chairman Thompson polled the Commissioners for their goals and directives for the interim ABC Board.
Commissioner Davis requested the interim Board review the following:
• increasing the number of the ABC Board from three to five members which will require legislation
• adopting an anti-nepotism policy
• ensure that the appropriate minutes are compiled in both open session and executive session.
Vice-Chairman Barfield requested the interim Board consider the salary issues by doing a salary study to
ensure that the salaries are in line with salaries around the State.
Commissioner Caster requested the interim Board conduct a review and provide an analysis of the 17t'
Street property issue.
Commissioner Greer stated that the previous ABC Board did nothing illegal and that they had admitted the
high salary increases were a mistake. The ABC Board minutes were sent monthly to the Board of Commissioners.
Commissioner Greer urged caution when attempting to fix something that is really not broken and thanked the
previous Board for their service to the community. The administrator has done a good job running the organization
and increasing the profit margin.
Chairman Thompson added that he would like the interim Board to review the process of appropriately
advertising meetings.
Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to add a discussion on the
specifics of the future ABC Board at the Board's February 15, 2010 meeting. Upon vote,the MOTION CARRIED
UNANIMOUSLY.
A copy of the letter of resignation is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXXIII,Page 1.7.
PUBLIC HEARING AND APPROVAL OF AMENDMENT TO SECTION 69.17 OF THE ZONING
ORDINANCE ON TELECOMMUNICATION FACILITIES, CELLULAR AND RELATED TOWERS TO
ADD MORE SPECIFIC STANDARDS EXPANDING THE STANDARDS FOR TELECOMMUNICATION
TOWERS(A-382 12/09)
Chairman Thompson opened the Public Hearing and requested staff to make the presentation.
Planning and Zoning Manager Jane Daughtridge presented the request to amend Section 69.17 of the
Zoning Ordinance on telecommunication facilities, cellular and related towers to add more specific standards for
telecommunication towers reporting that recent requests for wireless communication towers in residential areas has
generated public concern for this issue. In response to those concerns, staff has evaluated the existing regulations
and is recommending amendments to help clarify the expectations and to provide more complete standards that
address some of the aesthetic or safety concerns typical in neighborhoods is desirable in today's technological
climate and presented an overview of the requested amendments.
At the Planning Board's December 3, 2009 meeting, they voted 4-0 to recommend approval of the
amendment with one change requiring the landscape buffer to be located within the tower site. This
recommendation has been included in the final draft. No one from the public spoke on this item.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,JANUARY 4,2010 PAGE 728
Chairman Thompson asked if anyone from the public wished to speak in favor of or opposition to the
request.
Hearing no comments, Chairman Thompson closed the Public Hearing.
After a brief Board discussion Chairman Thompson requested direction from the Board.
Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman Barfield, to approve amending Section
69.17 of the Zoning Ordinance on telecommunication facilities, cellular and related towers to add more specific
standards for telecommunication towers as presented finding that the request is 1) consistent with the purposes and
intent of Policy 5.7 adopted in the 2006 Land Use Plan, and 2) reasonable and in the public interest to clarify and
specify the standards for approval of telecommunication towers to be placed within the unincorporated county.
Upon vote,the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and
is contained in Exhibit Book XXXIII,Page 1.8.
PUBLIC HEARING AND APPROVAL OF AMENDMENT TO ARTICLE VII OF THE SUBDIVISION
ORDINANCE TO ADD TWO NEW PRIVATE ROAD CERTIFICATES (A-383 12/09)
Chairman Thompson opened the Public Hearing and requested staff to make the presentation.
Principal Development Planner Sam Burgess presented the request to amend Article VII of the County
Subdivision Ordinance to add two certificates for private roads in newly proposed subdivisions as follows:
• Certificate of Disclosure: Private Roads. The certificate of disclosure is signed and dated by the developer
or owner of the preliminary project, indicating that he will be responsible for the maintenance of the private
roads until such time as the responsibility transfers to the Property Owners Association. The roads are to
be built in accordance with the County's Subdivision Ordinance and all applicable County Codes which
would include the design, installation, inspection, and approval by a licensed Professional Engineer (PE)
recognized in the State of North Carolina. This would be completed prior to final plat approval for all or a
portion of the project. If all or a portion of the road infrastructure system within the project is bonded
through a surety, performance bond, or cash escrow, the bond will not be released until all road
construction improvements are completed and certified by the Professional Engineer. This disclosure
statement would be revealed to the prospective buyer by the developer, real estate agent, and closing
attorney and would also be affixed to the final plat.
• Private Roads Certificate. Once the road improvements are complete, the second Private Roads Certificate
would be required. This certification would require signature and seal from the Professional Engineer that
the private roads have been designed, inspected, and approved in accordance with Section 52-4 of the
County's Subdivision Ordinance and all applicable County Codes prior to final plat approval for all or a
portion of the project. The PE who certifies the road construction places the prospective buyer on notice
that there are no guarantees or assurances of acceptance of the road by NCDOT in the future. This
certification would be placed in the project files of the County Engineering Department along with the
Planning and Inspections Department.
At the Planning Board's meeting on December 3, 2009, they voted 4-0 to recommend approval of both
Private Road Certificates. The Planning Board recommended additional wording at the end of the last sentence of
the Certificate of Disclosure which has been incorporated into the final draft. No one from the public spoke in
opposition. Planning staff supports the Task Force and Technical Review Committee recommendations for approval
of both certificates.
Chairman Thompson asked if anyone from the public wished to speak in favor of or opposition to the
request.
Hearing no comments, Chairman Thompson closed the Public Hearing.
After a brief Board discussion, Chairman Thompson requested direction from the Board.
Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to approve amending Article VII
of the County Subdivision Ordinance to add two new private road certificates as presented. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance amending the Subdivision Ordinance is hereby incorporated as part of the minutes
and is contained in Exhibit Book XXXIII,Page 1.9.
TRAILS END BOAT ACCESS FACILITY UPDATE AND APPROVAL OF RULES FOR USE
Parks and Gardens Director Jim McDaniel presented an update on the Trails End Park reporting that, as
directed by the Board of Commissioners, a final public meeting was held on November 23, 2009 at Parsley
Elementary School. The Trails End Boat Access Facility is under the authority of the North Carolina Wildlife
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,JANUARY 4,2010 PAGE 729
Resources Commission and therefore subject to all laws adopted by the North Carolina Wildlife Resources
Commission as follows:
It is unlawful to:
• Leave any vehicle,trailer,boat or other obstruction where it will impede the use of the ramp by others.
• Park any vehicles, trailer or boat anywhere on the area other than the designated parking zone. This
does not prohibit legal use of the ramp.
• Use the area for swimming, camping, operating concessions or for any use other than the launching
and recovery of boats and parking of vehicles and boat trailers, except where facilities for a particular
use are provided.
• Operate any vessel within 50 yards of the ramp at a speed greater than"No Wake" speed.
• Possess loaded firearms on the access area.
• Operation of a vehicle on any boat access area in a manner so as to endanger life or property.
• Deposit any debris or refuse anywhere on the grounds of the area.
• Fail to obey any instruction or signs regulating use of the access area.
• Conduct any special event, such as fishing tournament weigh-in, without first obtaining a letter of
authorization from the Division of Engineering Services. This permit must be available for inspection
by wildlife enforcement officers during the event.
• Park in a handicapped space without displaying handicapped plate or sign.
Staff recommends the Board also adopt the following additional rules:
1. The property will be managed by New Hanover County,and,therefore, subject to all applicable New
Hanover County Parks Ordinances. Accordingly,the following is not allowed:
• Overnight camping on the property
• Open fires
• Consumption of alcohol or possession of open containers of alcohol on the property
• Excessive noise
• Solicitation by private vendors
• Commercial activity,unless specifically authorized in writing by New Hanover County
• Unleashed pets; owner must pick up after their animals all waste and they are subject to all
applicable New Hanover County Ordinances.
2. Visitors to the facility should be aware of and respect the residential nature of the area leading to and
surrounding the facility.
3. New Hanover County reserves the right to establish hours of operation of the facility. Should the
County adopt hours of operation they will be clearly posted in the park.
4. Visitors must obey all traffic laws on Trails End Road and neighboring streets.
5. Parking along Trails End Road and neighboring streets is discouraged. Trails End Road is subject to
North Carolina Department of Transportation regulations.
6. The dock may be used for recreational fishing, subject to North Carolina Saltwater Fishing License
Regulations.
7. The dock may be used only for temporary mooring of boats waiting to use the boat ramp. No
overnight mooring is allowed.
8. All special events, such as fishing tournaments, family reunions, wedding ceremonies, etc. are
subject to review and approval by New Hanover County Parks system.
9. New Hanover County assumes no responsibility for loss or theft from vehicles or watercraft. Take
all values with you when leaving the area.
The Board held a brief discussion that the hours of operation will be established at a future date on an as
needed basis. The facility will be open 24/7.
Hearing no further comments, Chairman Thompson requested direction from the Board.
Motion: Commissioner Davis MOVED to adopt the rules as presented with the added verbiage to #3 limiting the
hours of operation between sunrise and sunset and that the ramp area will be open 24/7. No second was received,
therefore the MOTION FAILED.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt the rules as presented
for Trails End Boat Access Facility. Upon vote,the MOTION CARRIED UNANIMOUSLY.
COUNTY PARKS UPDATE
Parks and Gardens Director Jim McDaniel and Sara Burroughs with Haden-Stanziale provided the
following update on the County's 2006 Parks Bond projects highlighting the following information:
Completed Projects:
• Veterans Park Phase IV-Budget: $2,500,000; Cost: $2,488,654
• Ogden Park-Budget: $500,000; Cost: $339,127
• River Road Park-Estimate: $126,000;Low Bid: $87,292
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,JANUARY 4,2010 PAGE 730
Construction-Ready Projects:
• Arrowhead Park-Estimate: $1.37 million
• Monterey Heights Park-Estimate: $195,000
• Wrightsboro Park-Estimate: $1.06 million
• Peterson Park-Estimate: $142,800
• Parkwood Park-Estimate: $389,000
Joint Projects with the City of Wilmington:
• Olsen Park-Construction Budget: $6,000,000;NEC Share: $3,000,000
• Empire Park—Althea Gibson Tennis Center-Budget: $1,500,000;NEC Share: $650,000
Current Projects:
• Trails End Public Boating Access Park - Construction Estimate: $200,000 funded by the North
Carolina Wildlife Resource Commission
• Smith Creek Park-Estimate: $1.1 million; $500,000 PARTF grant
After a brief question and answer period, Chairman Thompson thanked Director McDaniel for the update.
ADOPTION OF RESOLUTIONS DECLARING NEW HANOVER COUNTY A RECOVERY ZONE AND
ALLOCATING BONDS TO THE SOUTHEASTERN CENTER PROJECT, APPROVAL OF
MEMORANDUM OF AGREEMENT, AND AUTHORIZATION OF CONTRACT WITH LS3P AND
ASSOCIATES FOR DESIGN AND PROJECT MANAGEMENT CONTINGENT UPON APPROVAL BY
BRUNSWICK AND PENDER COUNTIES
County Manager Bruce Shell presented the request for the County to partner with Southeastern Center for
the design and construction of a new headquarters. The new facility will allow the New Hanover County Health
Department the opportunity to make necessary expansions to support its public health mission, and meets the long-
term growth expectations for Southeastern Center. The plan includes establishing a partnership between New
Hanover,Brunswick and Pender Counties and Southeastern Center. The Board may consider making their approval
contingent upon whether the request is approved by Pender and Brunswick Counties Boards of Commissioners.
The Southeastern Center Area Board voted to proceed with the project at its November 19, 2009 meeting
and approved a$5.78 million, 20,000 square foot facility. The facility is planned for twelve acres located between
Medical Center Drive and Physicians Drive held by the County on behalf of Southeastern Center.
The suggested finance model includes the following:
• $5.78 million project estimate
• Borrow full cost at 4.5 percent over 20 years:
o Interest only through Fiscal Year 2012
o $130,095 (FY 2010)
o $260,190 (FY 2011 and FY 2012)
o $375,232 (FY 2013)
o $490,274 (FY 2012—2019)
o $490,274 (FY 2020—2030)
• New Hanover at$338,289(69 percent)
• Brunswick at$117,665 (24 percent)
• Pender at$34,320(7 percent)
• Invest$3 million facility fund balance held by New Hanover County
• Sell two acres of parent tract at$250,000 per acre
• Benefits:
• Fulfills earlier obligations agreed to by New Hanover County and Southeastern Center
• Solidifies administrative relevancy for Southeastern Center as Local Management Entities
continue to merge
• Creates space potential on the existing complex for the New Hanover County Health Department
• Creates meaningful construction jobs during tough economic times
• Guarantees a favorable bid climate
Staff is requesting the following actions from the Board:
• Approve the project Memorandum of Agreement between New Hanover County and Southeastern
Center;and
• Adoption of the two resolutions declaring New Hanover County a recovery zone and allocate
Recovery Zone Economic Development bonds to the Southeastern Center project; and
• Authorize staff to execute a contract with LS3P and Associates for design and project management.
Commissioner Greer stated that he was not in favor of the request due to the current economic climate.
Chairman Thompson reported on the six project savings highlighting that a savings of nearly $1.1 million
was realized due to the economic climate.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,JANUARY 4,2010 PAGE 731
In response to Board questions, County Manager Bruce Shell reported that generally the County tries to
borrow as little as possible but with the low interest rates staff was recommending trying to lessen the burden on this
budget year and the next budget year.
In response to Board questions, County Manager Bruce Shell reported that staff was attempting to delay
any debt service for a couple of years allowing the County to recover and take advantage of the lower bid and
construction season. The current proposal was taken to Brunswick and Pender Counties.
In response to Board questions, County Manager Bruce Shell clarified that the benefit of declaring the
County a recovery zone will allow the County access to a lower interest rate and eligible for Federal funds. This
will benefit the County and private citizens.
After discussion, Chairman Thompson requested direction from the Board.
Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Barfield, to approve the project
Memorandum of Agreement between New Hanover County and Southeastern Center contingent upon approval by
Brunswick and Pender Counties. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Greer voted in
opposition.
Assistant County Manager Chris Coudriet reported that they were received well by the Brunswick Board of
Commissioners. They took no action but requested their manager get further clarification from County Manager
Bruce Shell.
Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster,to adopt the resolution designating
New Hanover County a Recovery Zone. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution
approving the Recovery Zone Economic Bond Allocation. Upon vote, the MOTION CARRIED 4 TO 1.
Commissioner Greer voted in opposition.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to authorize staff to execute a
contract with LS3P and Associates for design and project management contingent upon approval by Brunswick and
Pender Counties. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book
XXXIII,Page 1.10.
A copy of the memorandum of agreement and contract are available for review in the Legal Department.
CLOSED SESSION
Chairman Thompson announced that Closed Session Agenda Item 17 has been pulled.
NON-AGENDA ITEMS
Chairman Thompson announced that time had been reserved to allow the public to present an item that was
not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes.
Russ Hauptman,Americans for Prosperity, spoke on his displeasure of the resignation of the New Hanover
County ABC Board before they answered questions from the Board of Commissioner and the public. He requested
they also resign from any other public Board that they are currently serving on.
Ben McCoy spoke on his disappointment that the public hearing was cancelled stating that all public boards
should adhere to the same policies and procedures. An investigation should still be conducted and even though they
have resigned,the ABC Board should answer the allegations.
Chad O'Shields spoke on his disappointment that the public was not heard before Board action was taken
stating that the record needs to be set straight that the public did not misunderstand and that rules were ignored such
as not establishing a nepotism policy, laws were broken such as minutes not being recorded of executive sessions
and actions taken, and public money was wasted in the high salary for Mr. Williams. Public trust has been violated
and the actions of the New Hanover County ABC Board have resulted in a State-wide investigation by the
Governor.
Paul Czesak spoke on his concern that the State is in the liquor selling business stating that the New
Hanover County ABC Board still needs to be held accountable for their actions and violations. He requested the
Board answer his list of questions.
Chairman Thompson requested Mr. Czesak supply his list of questions to the Clerk for written response by
the Board.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING,JANUARY 4,2010 PAGE 732
In response to public comments, Commissioner Caster stated that he agrees that liquor stores should be
privately owned and run.
In response to public comments, Commissioner Davis stated that he had no control over the ABC Board's
resignation; he didn't agree to anything nor did he sweep anything under the rug and he has no intention of doing
that;that is why the interim Board was appointed.
ADJOURNMENT
There being no further business, Chairman Thompson adjourned the meeting at 8:11 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board
Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners
meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries.